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Reproductive Rights

“The nobleman cannot make just laws for the peasant; the slaveholder for the slave; neither can man make and execute just laws for woman; because in each case, the one in power fails to apply the immutable principles of right to any grade but his own.  Shall an erring woman be dragged before a bar of grim-visaged judges, lawyers, and jurors, there to be grossly questioned in public on subjects which women scarce breathe in secret to one another?  Shall the most sacred relations of life be called up and rudely scanned by men who, by their own admission, are so coarse that women could not meet them even at the polls without contamination?  And yet shall she find there no woman’s face or voice to pity and defend?  Shall the frenzied mother who, to save herself and child from exposure and disgrace, ended the life that had just begun, be dragged before such a tribunal to answer for her crime?  How can man enter into the feelings of that mother?  How can he judge of the mighty agonies of soul that impelled her to such an outrage of maternal instincts?  How can he weigh the mountain of sorrow that crushed that mother’s heart when she wildly tossed her helpless babe into the cold waters of the midnight sea?  …”

 

Elizabeth Cady Stanton

 

from Address to the Legislature of New York, 1854.

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Reproductive Rights

1965

Griswold v. Connecticut

Decided: A Connecticut statute that prohibited the use of contraceptives is invalid in that it violates the constitutional right to marital privacy.

http://en.wikipedia.org/wiki/Griswold_v._Connecticut

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=381&invol=479

 

1972

Eisenstadt v. Baird

Decided: A law prohibiting the distribution of contraceptives to unmarried people is invalid in that the constitutional right to privacy extends to the reproductive decisions of both married and unmarried people.

http://www.oyez.org/oyez/resource/case/630/

http://en.wikipedia.org/wiki/Eisenstadt_v._Baird

 

1973, January 22

Roe v. Wade

Decided: A woman has a right to privacy in deciding whether or not to obtain an abortion.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=113

http://members.aol.com/abtrbng/410us113.htm

 

1976, July 1

Planned Parenthood of Central Missouri v. Danforth

Decided: Various provisions of a Missouri statute interfering with a woman’s right to obtain an abortion are invalid.

http://www.abortioninfo.net/facts/legalityessay5.shtml

 

1980, June 30

Harris v. McRae

Decided: The Court would uphold the Hyde Amendment, which prohibited the use of federal funds for abortions not necessary to preserve the woman’s life.  Also, states that participate in the medical program are not required to fund medically necessary abortions for which federal funds are unavailable under the Hyde Amendment.

http://www.oyez.org/oyez/resource/case/155/

 

1991, May 23

Rust v. Sullivan

Decided: Health care professionals at family planning clinics that receive Title X funds could not counsel a woman on abortion, refer a woman for an abortion, or inform a woman that abortion is a legal option.

http://www.oyez.org/oyez/resource/case/340/

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Reproductive Rights

1992, June 29

Planned Parenthood v. Casey

Decided: The Court would not overturn Roe v. Wade in Pennsylvania in that state laws banning abortion are unconstitutional.  However, it would uphold certain Pennsylvania state provisions regarding abortion.  This resulted in the establishment of a new standard to determine the validity of any state law regarding abortion on the basis of the extent to which it might or might not impose an undue burden on the woman seeking an abortion.

http://www.oyez.org/oyez/resource/case/306/

http://www.prochoice.org/policy/courts/pp_v_casey.html

http://blogs.washingtonpost.com/campaignforthecourt/files/alito_dissent_in_casey.pdf

 

1993, January 13

Bray v. Alexandria Women’s Health Clinic

Decided: A federal civil rights law, The “Ku Klux Klan Act” of 1985, does not protect women from anti-choice blockaders obstructing access to reproductive health clinics.

http://supct.law.cornell.edu/supct/html/90-985.ZS.html

 

1994, June 30

Madsen v. Women’s Health Center

Decided: A Florida injunction that created a 36-foot buffer zone outside a reproductive health clinic would be upheld.  Also, anti-choice protestors are prohibited from making noise outside the clinic that could be heard inside the clinic during hours when surgical procedures were performed.

http://www.casp.net/madsen-1.html

http://supct.law.cornell.edu/supct/html/93-880.ZS.html

 

2000, June 28

Hill v. Colorado

Decided: The zone of separation provision in Colorado’s clinic protection statute would be upheld, making it more difficult to give unwanted advice to persons entering or leaving medical facilities.  The statute in Colorado states that it is unlawful for any person within 100-feet of a health facility’s entrance to “knowingly approach” within 8 feet of another person to pass a leaflet or handbill, to display a sign, or to engage in oral protest, education, or counseling.

http://www.oyez.org/oyez/resource/case/742/

http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=Hill_v_CO

 

2006, January 18

Ayotte v. Planned Parenthood of New England

Decided: Abortion laws must protect women's health and safety.

http://www.ayottevplannedparenthood.org/statements/pr-060118-ayotte-ruling.php

http://www.oyez.org/oyez/resource/case/1869/

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Reproductive Rights

Related Ideas

 

“Roe v. Wade: Its History and Impact”

http://www.plannedparenthood.org/pp2/portal/files/portal/medicalinfo/abortion/fact-roe-wade-history.xml

 

The Feminist Majority: Feminist Court Watch:

“Chronology: U.S. Supreme Court Reproductive Rights Cases”

http://www.feminist.org/courts/roechronology.asp

 

NOW: "Reproductive Rights Historical Highlights"

http://www.now.org/issues/abortion/roe30/timeline.html

 

NARAL Pro-Choice America: "Issues"

http://www.prochoiceamerica.org/issues/

 

Center for Reproductive Rights:

"Key Cases in the Development of Reproductive Rights Case Law"

http://www.crlp.org/crt_roe_key_cases.html

 

National Women's Law Center

"Health and Reproductive Rights"

http://www.nwlc.org/display.cfm?section=health

 

The American Prospect

"Reproductive Rights: Special Segment"

http://www.prospect.org/issue_pages/reproductive_rights/index.html

 

Religious Coalition for Reproductive Choice

http://www.rcrc.org/